Benjamin Duling is accused of stabbing Shelly McGrade during an argument at their home in 2008. He was found competent to stand trial last year, but has maintained that he doesn't remember the incident.

At a motion hearing on Monday, Duling’s mental health history prior to the April 2008 incident was discussed. After the judge said it wouldn't be admissible in court, the defense attorney asked that Duling's diagnosis of amnesia also be excluded.

“We do not believe that is an issue or should be an issue at this trial. The state wants to challenge his diagnosis -- we believe that violates the motion just granted,” said Michael Hulser, the defense attorney.

“The state plans to attack the defense's credibility -- not mental-health-related evidence,” said Michael Lewis, a prosecutor.

Hulser, instead, said Duling’s actions were in self-defense because McGrade came at him with a knife. Police found McGrade in the kitchen with a stab wound to the back.

The couple’s two young children were home at the time, and the defense asked Monday that the son's interview hours after the incident be thrown out, saying he wasn't in the right frame of mind when questioned. Prosecutors disagree.

“This interview happened about 10.5 hours after the fact and number two, the child was not under a state of nervous excitement when he made these statements,” said Jay McCormack, a prosecutor.

A gesture the boy made when talking to a neighbor was also brought up. The prosecution said he alluded to the fact that there was a lot of blood splatter, but the defense wasn't buying it.

“(The boy) is not a blood expert. He is interpreting and embellishing that this means whatever he wants to testify it to mean,” said Hulser.

There was no word on when the judge will decide on these motions.

The attorneys will have another hearing next week to discuss an expert the defense wants to present.